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The current term of the U.S. Supreme Court provides a reminder that the drafters of the U.S. Constitution deliberately created a tension between continuity of law and responsiveness to changes in the majority’s wishes. We are on the cusp of a complete change in administration, with the likelihood of substantial changes in both statutory regime […]
In 2006, the U.S. Supreme Court issued an opinion expanding the range of employer conduct that employees could use to support a retaliation claim. But as with anything new, questions immediately arose. Is a dirty look now considered retaliatory? An off-putting e-mail? What about a humiliating public censure? This uncertainty left employers understandably concerned. But […]
In one of Justice Samuel Alito’s last opinions for the Third U.S. Circuit Court of Appeals in Philadelphia before joining the U.S. Supreme Court, he provided us with a view of his reasoning process with respect to employment discrimination claims. He authored an opinion in a case involving retaliation and hostile work environment claims. The […]